Procedures for setting up in the ROC a Branch Office of a Foreign Company

For businesses requiring special
permission of the competent authorities
in accordance with law or a decree


Procedures for setting up in the ROC a Foreign-Invested limited company or a company limited by shares

For business requiring special
permission of the competent
authorities in accordance with law
or a decree

Remarks:

If a person, or a legal entity, or an

organization/ institution from the

mainland area holds any shares in

a Taiwan company, the company

must first apply to the Investment

Commission, MOEA, for permission

to invest before it applies for registration

of the company. The same applies to

a foreign company in which a person,

or a legal entity, or an organization/

institution from the mainland area directly

or indirectly holds over 30% of the shares/

capital, or whose managing rights are held

by the aforementioned person or legal entity

or organization/ institution.

Documents for the Application for Recognition of a Foreign Company and registration of its Branch in the ROC

1. Documents for application for recognition and branch registration :

a. Duplicate of the application form for name reservation with MOEA’s approval seal

b. Two copies of the registration card for recognition (download)

c. Two copies of the registration card for the branch’s (download)

d. Application letter (download)

e. Power of attorney appointing the company’s litigious and non-litigious agent (download)

f. Power of attorney appointing the branch manager (download)

g. Photocopy of the articles of incorporation and bylaws

h. Photocopy of the company’s certificate of incorporation

i. Duplicate or photocopy of the official document issued by the foreign government authorities if the company’s establishment requires special approval

j. Photocopy of the ROC competent authorities’ approval letter if the branch’s business requires a special permit

k. Minutes of the board of directors’ meeting (download)

l. Photocopy of the notice of inward remittance and the exchange memo for operating capital remitted into the ROC

m. Photocopy of the identification card of the company’s litigious and non-litigious agent and branch manager (if an ROC national)

n. One of the following residence documents of the litigious and non-litigious agent and branch manager (if a foreigner)

i. Photocopy of his valid alien resident certificate ;or

ii. Photocopy of his passport (the agent must state his residence on his copy , sign his name on it and affix his personal chop to it ) ; or

iii. Certificate from his government identifying him and stating his residence ; or

iv. Affidavit from him stating his residence and nationality

o. A photocopy of the original house ownership certificate for the building of the branch or a document to prove payment of the latest house tax; and a photocopy of the original house lease contract or an agreement issued by the house owner.

p. Registration fee :1/4000 of the branch’s operating capital plus NT$1,000

q. Photocopy of Investment Commission’s approval letter (If a person, or a legal entity, or an organization/institution from the mainland area directly or indirectly holds over 30% of the shares in your company, or has the right to control your company, please obtain prior investment permission from the Investment Commission, M.O.E.A. first)

2. Power of attorney appointing a CPA or a lawyer to apply for recognition / registration

3. Item 1. e, f, g, i, k and n4 must be notarized by a notary public and authenticated by the nearest ROC embassy or consulate or by the appropriate representative of the ROC government in the country where the company is located

4. If Items 1.e to 1.i and 1.k are not in Chinese, they must be translated into Chinese.


Documents for the Application for the setup of a Representative Office in the ROC

1. The following Documents must be furnished :

a. Document certifying the identity and residence of the representative

b. Power of attorney, if the application will be filed by a lawyer or a CPA

c. Duplicate or photocopies of the documents certifying the establishment of the foreign company in its own country

d. Power of attorney appointing the representative in the ROC (download)

e. A photocopy of the original house ownership certificate for the building of the representative office in Taiwan or a document to prove payment of the latest house tax; and a photocopy of the original house lease contract or an agreement issued by the house owner.

f. Two copies of the registration card (download)

g. Application form (download)

2. The following procedures must be followed:

a. All applications to appoint a representative to do legal acts in the ROC must be filed according to Article 386 of the Company Act

b. Chinese translations must be provided, if the documents are in a foreign language

c. The power of attorney mentioned in Item d should clearly specify the types of legal acts, such as contract , quotation , negotiation, bidding ,purchasing , etc . ,to be done by the representative in the ROC

d. The foreign company’s certificate should be authenticated by its own responsible government agencies

e. Item 1.c,d should be authenticated by the nearest ROC embassy or consulate or by the appropriate representative of the R.O.C .in the country where the company is located


Documents for the Application for the setup of a Limited Company in the ROC

1. Application form (download)

2. Application form for name reservation

3. Photocopy of the articles of incorporation (download)

4. Power of attorney appointing CPA ; audit report and its attachment

5. Power of attorney if a lawyer or a CPA will file the application

6. Documents certifying the identification of all board members, shareholders and managers

o Local juridical person : copy of company license

o Local natural person: copy of I. D. card

o Foreign juridical person: copy of certificate of incorporation

o Foreign natural person: certificate of nationality

111. Certificate of designation if the juridical shareholder’s representative for election of directors

111. Copy of foreign investment approval and copy of the approval for certifying the foreign investors’ capital contribution, issued by the Investment Commission, MOEA.

111. Copy of the approval letter issued by competent authorities if the company business requires a special permit

111. A photocopy of the original house ownership certificate for the building of the company or a document to prove payment of the latest house tax; and a photocopy of the original house lease contract or an agreement issued by the house owner. (If a company wishes to rent a building to be registered as the location of its office, please submit the above documents.)
A photocopy of the original house ownership certificate for the building of the company or a document to prove payment of the latest house tax. (If the company owns the building to be registered, please submit the above documents.)

111. Two copies of the registration card (download)

111. Shareholders Agreement (download)

111. Photocopy of Investment Commission’s approval letter( If a person, or a legal entity, or an organization/ institution from the mainland area holds any shares in a Taiwan company, the company must first apply to the Investment Commission, MOEA, for permission to invest before it applies for registration of the company. The same applies to a foreign company in which a person, or a legal entity, or an organization/institution from the mainland area directly or indirectly holds over 30% of the shares/capital, or whose managing rights are held by the aforementioned person or legal entity or organization/ institution.)

111. Fees:
Registration Fee (1/4000 of authorized capital)


Documents for the Application for the setup of a Company Limited by shares in the ROC

1. Application letter (download)

2. Application form for name reservation

3. The articles of incorporation (download)

4. Minutes of the incorporators’ meeting (download)

5. Minutes of the board of directors’ meeting and photocopy of the directors attendance book (download)

6. Roster of shareholders (download)

7. Power of attorney appointing CPA; audit report and its attachment

8. Power of attorney if a lawyer or a CPA will file the application

9. Documents certifying the identities of all incorporators, directors, supervisors and mangers

o Local juridical person: copy of company license

o Local natural person: copy of ID card

o Foreign juridical person: copy of certificate of incorporation

o Foreign natural person: certificate of nationality

111. Certificate of designation of the juridical shareholder’s representative for election of directors or supervisors

111. Copy of foreign investment approval letter and copy of the approval for certifying the foreign investors’ capital contribution, issued by the Investment Commission, MOEA.

111. Copy of the approval letter issued by competent authorities if the company business requires a special permit

111. A photocopy of the original house ownership certificate for the building of the company or a document to prove payment of the latest house tax; and a photocopy of the original house lease contract or an agreement issued by the house owner. (If a company wishes to rent a building to be registered as the location of its office, please submit the above documents.)
A photocopy of the original house ownership certificate for the building of the company or a document to prove payment of the latest house tax. (If the company owns the building to be registered, please submit the above documents.)

111. Two copies of the registration card (download)

111. Consent to act as chairman, director, supervisor (download) (download) (download)

111. Photocopy of Investment Commission’s approval letter(If a person, or a legal entity, or an organization/ institution from the mainland area holds any shares in a Taiwan company, the company must first apply to the Investment Commission, MOEA, for permission to invest before it applies for registration of the company. The same applies to a foreign company in which a person, or a legal entity, or an organization/institution from the mainland area directly or indirectly holds over 30% of the shares/capital, or whose managing rights are held by the aforementioned person or legal entity or organization/ institution.)

111. Fees:
Registration Fee (1/4000 of authorized capital)

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